KUALA LUMPUR: Two policemen who were charged with using criminal force on a press photographer during the Bersih 3.0 rally in the city on April 28 were yesterday acquitted and discharged by the magistrate’s court here.
Magistrate Nurulain Abdul Rahim in her judgement said after giving careful consideration to the testimonies presented by witnesses, she found the prosecution unable to prove a prima facie case against L/Cpl Mohd Khairul Asri Mohd Sobri, 30, and Constable Shahrul Niza Abd Jalil, 24.
She said the prosecution failed to meet all the requirements of Section 352 of the Penal Court for the court to call the two accused to enter their defence.
Nurulain stressed that the court had to free both accused because the witnesses in the case failed to identify the persons said to have used criminal force on the complainant, Guang Ming Daily photographer, Wong Onn King.
Besides Wong, the prosecution also called four other witnesses, including two other photographers who were said to have witnessed the incident.
The duo were charged with using criminal force on Wong, 33, at the Jalan Tun Perak-Jalan Raja junction here between 5.20pm and 5.30pm that day.
Mohd Khairul Asri, who is attached to Tanjung Malim Police headquarters and Shahrul Niza, from the Dang Wangi Police Station here, were charged under Section 352 of the Penal Code which provides for jail up to three months or fine of RM1,000 or both if convicted.
Mohd Khairul and Shahrul Niza were represented by counsel Salim Bashir, while the prosecution was conducted by Deputy Public Prosecutor Kalmizah Salleh. — Bernama